D.C. Mun. Regs. tit. 6, r. 6-B609

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 6-B609 - PETITIONS FOR APPEAL

609.1

A Petition for Appeal filed pursuant to § 604.1 shall be:

(a) Filed on the form approved by the Office; or

(b) In writing and contain the following information:

(1) The name of the employee;

(2) The name of the agency which took the adverse action;

(3) The type of adverse action taken by the agency;

(4) The effective date of the adverse action taken by the agency;

(5) The name, address, email address, and telephone number(s) of the employee's representative, if any;

(6) The employee's address, email address, and telephone number(s);

(7) A copy of the agency's notice of final decision;

(8) A statement as to whether the employee or anyone acting on their behalf has filed an appeal under any negotiated review procedure pursuant to a collective bargaining agreement, or has filed a complaint with any other agency regarding the matter;

(9) The name of the collective bargaining unit of which the employee is a member, if any;

(10) The signature of the employee; and

(11) The signature of the employee's representative, if any.

609.2

Along with the Petition for Appeal filed in accordance with § 609.1, the employee shall submit the following information:

(a) A copy of the final agency decision;

(b) A statement as to whether the employee requests an evidentiary hearing or oral argument;

(c) A concise statement of the facts giving rise to the appeal;

(d) An explanation as to why the employee believes the agency's action was unwarranted; and

(e) A statement of the specific relief the employee is requesting.

609.3

A Petition for Appeal of a Safety-sensitive Designation filed pursuant to § 604.3 shall be:

(a) Filed on the form approved by the Office; or

(b) In writing and contain the following information:

(1) The name of the employee, agency, and personnel authority which denied the employee's request to remove the safety-sensitive designation;

(2) The employee's address, email address, and telephone number(s);

(3) The name, address, email address, and telephone number(s) of the employee's representative, if any;

(4) A copy of the personnel authority's determination to deny the employee's request to remove the safety sensitive designation;

(5) A statement as to whether the employee:

(i) Failed a job-related drug test;

(ii) Is subject to an adverse action related to the employee's failure to pass a job-related drug test; or

(iii) Is subject to random drug testing under federal law, or as a condition of federal funding;

(6) An explanation of why the employee believes their position should not be designated as safety sensitive; and

(7) The signature of the employee and their representative, if any.

609.4

The Office may consider the filing of a Petition for Appeal or Petition for Appeal of a Safety-sensitive Designation incomplete until the employee provides all of the information required in accordance with this section.

609.5

An employee's failure to include a complete address, or to advise the Office of a change in address in writing, shall constitute a waiver of any right to notice and service, and may result in the dismissal of the appeal.

609.6

The Administrative Judge may allow an employee to amend a Petition for Appeal or a Petition for Appeal of a Safety-Sensitive Designation unless the Administrative Judge determines that an amendment would prejudice the rights of another party, or unduly delay the proceedings.

D.C. Mun. Regs. tit. 6, r. 6-B609

As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999); as amended by Notice of Final Rulemaking published at 59 DCR 2129, 2134 (March 16, 2012); amended by Final Rulemaking published at 68 DCR 298 (1/14/2022)

Notice of Final Rulemaking published at 2129 (March 16, 2012) repealed and replaced the existing chapter 16 with a new chapter 16 (Rules and Regulations of the Office of Employee Appeals). Sections 606 -635 were renamed, and section 636 was repealed.

Authority: The Chairperson of the Office of Employee Appeals in accordance with § 602 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-606.02(a)(5) (2006 Repl.).